Comhla Vet Group – Terms of Service
1. Definitions & interpretation
1.1 “Animals” shall mean the animal or animals, group of animals, herd, flock or class of animals for which the Client requests Services and which the Practice accepts into its care or otherwise treats or supplies Goods or Services in respect of. The Animals accepted into care must be identified in the Client Service Agreement or clinical record by name, description, species, class, herd, flock, farm, property or other information sufficient to identify the relevant Animal or group of Animals.
1.2 “Client Service Agreement” means any signed or electronically accepted client registration form, veterinary services agreement, under the care agreement, production animal agreement or other agreement recording animals accepted into the care of a veterinarian. For the avoidance of doubt, a Client Service Agreement is required for new Animals and Clients using the services of a Practice or as otherwise required by law but is not otherwise required and these Terms of Service may operate on their own when no Client Service Agreement accompanies it.
1.3 “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any estimate, work authorisation or other form as provided by the Practice to the Client.
1.4 “Clinic” means the veterinary clinic, hospital, branch, office or other service location operated by a member of the Group from which the relevant Services are provided.
1.5 “Comhla Vet Group” and “Group” means Comhla Vet Limited, and its subsidiary companies including Buller Vets Limited, Selwyn Rakaia Vets Limited, Totally Vets Limited, Veterinary Clinic Morrinsville Limited, Vetlife Limited, Vetsone Limited, Vetsouth Limited, West Coast Vets Limited, and any other related company or veterinary business identified on our websites or in our client documentation from time to time.
1.6 “Goods” shall mean Goods supplied by the Practice to the Client and are described on the invoices, quotes or any other forms as provided by the Practice to the Client.
1.7 “Intellectual Property” includes all Intellectual Property rights (including without limitation copyright, patent and design rights, drawings, documents, data, ideas, procedures and calculations).
1.8 “Practice” shall mean the member of the Group identified on the relevant Client Service Agreement, estimate, invoice, statement, order confirmation or other document relating to the relevant Goods or Services, or if no member is expressly identified, the member of the Group that operates the Clinic from which the relevant Goods or Services are supplied.
1.9 “Price” shall mean the price payable for Goods and Services as determined under these Terms.
1.10 “RVM” refers to Restricted Veterinary Medicines.
1.11 “Services” shall mean all Services supplied by the Practice to the Client and includes any advice or recommendation (and where the context so permits shall include any supply of Goods as defined above).
1.12 “VFU” means a veterinary authorisation for future use of an RVM.
1.13 Words importing the singular include the plural and vice versa.
1.14 Headings are for convenience only and do not form part of, or affect the interpretation of, these Terms of Service.
2. Acceptance of terms of service
2.1 By ordering Goods or Services from a Group Member you (the Client) accept these Terms of Service.
3. Contracting entity
3.1 The Practice identified on the relevant Client Service Agreement, estimate, invoice, statement, order confirmation or other document relating to the Goods or Services is the Practice supplying those Goods or Services and is the Client’s contracting party.
3.2 If no Group member is expressly identified, the Practice is the member of the Group that operates the Clinic or service division from which the relevant Goods or Services are supplied.
3.3 Each member of the Group contracts separately in respect of the Goods and Services it supplies. No member of the Group is liable for the acts, omissions, debts or obligations of another member of the Group solely because it is a member of the Group.
3.4 The Practice will record the Client Service Agreement, the Animals accepted into care, the scope of Services agreed and any material limitations on the Practice’s responsibility in the clinical record.
4. Services provided
4.1 The Practice provides the veterinary services described in the applicable Client Service Agreement or otherwise notified by the Practice to the Client, which may include companion animal, equine, production animal, general practice, emergency, referral, consultancy or other veterinary services. The applicable Client Service Agreement will identify the species or classes of Animals treated, the Clinic or other location from which Services are provided, and any material limitations on the Services provided by the Practice.
4.2 The applicable Client Service Agreement will state whether the Practice provides general veterinary practice services or a specific and limited range of veterinary Services.
5. Acceptance into care and expiry
5.1 By using our services, the Client is requesting that the Practice accepts the Client’s Animal(s) into care. This agreement applies to the Animals described in the Client Service Agreement and will remain in effect while the Client’s animal(s) continue to be seen by the Practice, and for 18 months from the Client’s last request for Goods and/or Services unless specified otherwise in the Client Service Agreement.
5.2 The Practice accepts responsibility, through its veterinarians, for the ongoing health and welfare of those Animal(s), or for the specified aspect of their health and welfare identified in the Client Service Agreement, from the date the Practice accepts the Client’s request.
5.3 On expiry, the Practice will no longer be responsible for ongoing care, emergency arrangements, continuing treatment plans or medicine authorisations for the relevant Animals, subject to any continuing obligation imposed by law or professional standards.
6. Review of client services agreement and changes
6.1 The Client Service Agreement may be reviewed where there is a material change in the Animals, ownership, person in charge, location, production system, stock numbers, disease status, Services required, emergency arrangements, RVM arrangements or any other circumstance relevant to the Practice’s responsibilities.
6.2 The Client must promptly notify the Practice of any material change affecting the Animals, the identity or authority of the person in charge, the Client’s contact details, the location of the Animals, the involvement of another veterinarian, or the Services required.
7. Ownership
7.1 Ownership of Goods supplied under these Terms of Service remains with the Practice until payment for the Goods is made in full.
8. Risk and delivery of goods
8.1 Delivery occurs at the time possession of the Goods passes to the Client (or a person nominated by the Client) from the Practice. The risk in Goods supplied passes to the Client on delivery.
8.2 Clients are advised to consult the expiry date of Goods accepted at time of delivery and that in doing so they accept as appropriate the expiry dates unless otherwise agreed to.
9. Estimates
9.1 Unless stated otherwise, any price the Practice gives the Client for Service is an estimate on a plus GST basis (“the Estimate”) of the anticipated cost for the Practice to complete the Service. Any Estimate is subject to clause 10 below.
9.2 An Estimate is open for acceptance for the period of time stated in the estimate but otherwise 7 days after it is dated unless withdrawn by the Practice prior to acceptance.
9.3 The Practice will not be obliged to commence the Service until the Client has accepted the Estimate in writing and accepted these Terms of Service. For the avoidance of doubt, the Practice is not required to wait for acceptance of an estimate or the Terms of Service before commencing the Service.
9.4 An Estimate is based on information available to the Practice at the time and may change if the clinical situation changes, complications arise, additional Goods or Services are required, third-party costs change, or the scope, timing, location or complexity of the Services changes.
10. Price
10.1 Notwithstanding any Estimate given, unless the Practice has agreed in writing to be bound by a set price for the Service, the Client shall pay to the Practice the actual cost of completing the Service (“the Actual Cost”) which will be calculated by totaling the following:
(a) the number of hours of Service multiplied by the hourly rates for the workers involved on the date which the Service is undertaken or if the supply occurs over more than one day, the relevant hourly rates on the last day on which Services are rendered;
(b) any disbursements (including without limitation delivery costs) incurred by the Practice on the Client’s behalf;
(c) the retail cost of any Goods supplied by the Practice as part of the Service.
10.2 The Actual Cost and all prices are plus GST and other taxes which are payable by the Client in New Zealand dollars.
10.3 Disbursements incurred by the Practice on the Client’s behalf may include a reasonable mark-up.
10.4 In the event these Terms of Service are terminated in accordance with clause 26.1(d) prior to completion of the Service, the Client must immediately pay the Practice the Actual Cost at the termination date plus 50% of the balance of the part of the Estimate that relates to the current stage of the Service as described in the agreed task description of the Service.
10.5 Vet Club membership. The Practice has a contracted relationship with a number of Vet Clubs and on charges on behalf of those entities a membership fee. Membership is not mandatory and is confirmed only on payment of the fee when due on an annual basis. A Vet Club member who has paid its membership fees may be entitled to a discount on prices for specific Services and Goods that the Practice provides. For more information and advice as to eligibility please speak to our staff. Vet Club Membership may not be available for all clients and may depend on the Practice.
11. Terms of payment
Companion animals
11.1 Terms of payment for companion animals is cash only at the time the Goods or Services are purchased or at the time of discharge from the care of the Practice (the “due date”). Exceptions are only by prior arrangement or via qualifying for charge accounts by being a production animal owner Client, in which case the payment terms are as provided for production animals and equine in clauses 11.2 to 11.10.
Production animals and equine (qualify for a charge account)
11.2 The Practice may require the Client to pay a deposit, being an advance payment for the Service, before the Practice commences with the Service.
11.3 Payment for the Service (and any associated expenses and disbursements) is due on the 20th day of the month following the month in which the Service is undertaken except where the Practice has agreed in writing that other terms shall apply (“the Due Date”).
Companion animals, production animals and equine
11.4 If the Client does not make payment on the Due Date, the Client will be in default and must pay default interest at the rate of 1.5% per month, which shall accrue on a daily basis on the total amount outstanding from the Due Date to the date of payment in full.
11.5 Notwithstanding clause 11.4 if payment is outstanding for 7 days from the Due Date, the Practice may suspend performing the Service until the date of payment in full (subject always to clause 11.6). The Client must pay in cash for any Service completed by the Practice until payment is made in full (together with any accrued interest).
11.6 The Practice may notify the Client at any time that it has ceased to carry out the Service otherwise than by immediate payment. This cessation does not relieve the Client for amounts owing to the date on which such notice is given.
11.7 Payment of all money shall be without set-off or deduction of any kind.
11.8 The Practice will apportion payments to outstanding accounts as it considers appropriate.
11.9 The right is reserved for the Practice to cancel all indicated discounts for the Goods and Services already provided in the absence of payment in full by the relevant due date.
11.10 Payment may be made by the methods accepted and notified by the Practice from time to time. The Practice may decline any payment method or impose any lawful processing fee disclosed to the Client before payment.
12. Cancellation of appointments
12.1 The Practice may charge a reasonable cancellation or non-attendance fee where the Client cancels an appointment or procedure without the period of notice notified by the Practice. If a deposit has been paid, the Practice may apply the deposit towards costs reasonably incurred or a notified cancellation fee. The Practice will refund the deposit if it cancels the procedure, or if the attending veterinarian determines that the Animal is medically unsuitable to proceed, less any Goods or Services already supplied.
13. Performance of work
13.1 The Practice will:
(a) perform the Service with skill, care and diligence in a professional manner;
(b) endeavour to ensure that the Service is performed in accordance with any timeframes agreed in writing with the Client;
(c) liaise with the Client where the Client is both available for liaison and contactable during the course of performing the Service in accordance with the reasonable requirements of the Client.
13.2 The Client will give full and appropriate assistance by way of human resource and facilities to enable the Practice to perform the Service by:
(a) giving clear instructions;
(b) promptly providing any information or content required from the Client for the Practice to complete the Service;
(c) ensuring that the Service and products derived from the Service are fit for the purpose the Client intends to use them for and meet any appropriate statutory, regulatory, governmental and industry and environmental controls, standards or practices.
13.3 The Practice reserves the right not to administer any drug or treatment if the Practice considers administering it would not be in the best interests of the health of the Client’s Animal(s).
13.4 The Practice reserves the ongoing optional right not to or to provide veterinary RVM scripts for the purposes of supply of RVMs.
13.5 The Practice reserves the right not to accept any Goods for refund or credit. The Client accepts that Goods requiring controlled environment handling are simply not returnable.
14. Authorised agents and persons in charge
14.1 The Practice may accept instructions from any person who presents an Animal, communicates with the Practice, or otherwise represents that they are authorised to act for the owner, Client or person in charge.
14.2 The Client remains responsible for the welfare of the Animals and for all fees, charges and liabilities arising from Goods or Services requested by an authorised agent, family member, employee, contractor, farm staff member, animal carer, pet-sitter or other person acting or apparently acting for the Client.
14.3 The Practice may decline to accept instructions from a third party if it has reason to doubt that person’s authority or if accepting those instructions would not, in the Practice’s professional judgment, be in the Animal’s interests.
14.4 The Client must notify the Practice in writing of any person who is not authorised to act in respect of the Animals or account.
15. Emergency, after-hours and inability to pay
15.1 The Practice will make emergency and after-hours arrangements available for Animals under its care in accordance with applicable professional obligations. The relevant arrangement may be provided by the Practice, another Group clinic, a rostered provider, a third-party emergency clinic or another named veterinary business.
15.2 The Client must familiarise itself with the emergency and after-hours arrangements notified by the Practice, including any relevant contact number, location, travel requirement or service limitation.
15.3 The Practice may suspend non-emergency Services where amounts are overdue or credit terms have been withdrawn, but essential emergency treatment required to relieve pain or suffering will not be withheld solely because the Client is unable to pay.
15.4 The Client remains liable for all costs of emergency treatment, pain relief, after-hours care, hospitalisation, transport, medicines and related Services.
15.5 The emergency and after-hours provider, contact details, location, species covered, service limitations and any requirement to travel to another location may be identified in the applicable Client Service Agreement, on the relevant Clinic’s website, or in another notice given to the Client.
16. Consent to examination, treatment and emergency intervention
16.1 Veterinary procedures, examination, treatment, surgery, anaesthesia, sedation, transport, medication and hospitalisation carry inherent risks, including complications, deterioration, escape, injury, adverse drug reactions or death.
16.2 The Practice will seek informed consent before undertaking treatment wherever reasonably practicable and may record specific treatment consent in a separate consent form, clinical record, estimate, electronic authority, telephone note or other written or electronic record.
16.3 If the Client or authorised agent cannot be contacted within a clinically reasonable time, the Client authorises the Practice to provide treatment, pain relief, diagnostic procedures, emergency care, referral, transport or other Services that the attending veterinarian considers reasonably necessary in the interests of the Animal’s welfare.
17. Production animal responsibilities and RVM compliance
17.1 For production animal clients, the Client must provide and keep current a description of the farm or property, farm name, location, species, stock classes, approximate stock numbers, production system, key contact persons, emergency contacts and any relevant herd, flock, animal health, treatment, production or biosecurity information.
17.2 The Client must identify any other veterinarian, consultant, technician, contractor or service provider involved in the care of the same Animals, including specialists, reproduction consultants, nutrition consultants, pregnancy scanners, hoof trimmers and other animal health providers.
17.3 The Client must ensure that all persons administering RVMs or other treatments are trained and competent to recognise relevant conditions, administer medicines at the correct dose, route, site and frequency, record use, store and dispose of medicines, comply with withholding periods and seek veterinary assistance where required. The Client must provide any information reasonably required by the Practice to confirm and document that competency.
17.4 The Practice may assess the competency of each person authorised to administer RVMs and record confirmation of that competency in the clinical record, Client Service Agreement, VFU or other written or electronic record.
17.5 The Practice may require completion of annual herd or flock health reviews, RVM training, veterinary authorisations for future use, medicine audits, on-farm stock reviews, treatment record reviews or other compliance steps before authorising future supply or continued RVM use.
17.6 Each VFU will identify the authorised persons, specified Animals or classes of Animals, specified conditions or situations, authorised RVMs, instructions for use, and the period for which the authorisation applies.
17.7 The quantity and duration of RVMs authorised under a VFU will be limited to the amount and period the veterinarian considers appropriate having regard to the Animals, farm system, anticipated need, existing stock and applicable professional requirements.
17.8 The Practice will issue or renew a VFU only where the authorising veterinarian has sufficient current knowledge of the relevant Animal’s health status, history, disease challenges, farm system and other circumstances required by professional standards.
17.9 The Client must use all medicines strictly in accordance with the Practice’s instructions, label directions, withholding periods, storage requirements and applicable law.
17.10 The Practice may decline to prescribe, dispense, authorise or administer any medicine, including an RVM, if the attending veterinarian considers that doing so would be inappropriate, unsafe, unlawful, contrary to professional standards, contrary to responsible antimicrobial use, or not in the best interests of the Animal or public health.
17.11 Before authorising further RVMs for future use, the Client must disclose, and the Practice may review, existing authorisations and RVM stock held on farm.
17.12 For ongoing RVM authorisations requiring current knowledge of the Animals, the Practice may require an in-person assessment and will review the relevant Animals and circumstances at least within the period required by professional standards.
17.13 The Practice will provide the Client with a printed or electronic summary of the RVMs authorised for future use and the applicable conditions and instructions.
17.14 Any authorisation for dry cow antibiotic therapy or internal teat sealants is subject to the Practice having sufficient current information about the herd and relevant individual cows, including herd testing, mastitis and treatment records where required. The Practice may require selective cow-level justification and may vary or decline authorisation to comply with responsible antimicrobial use requirements.
18. Biosecurity and farm access
18.1 The Client must provide safe, timely and lawful access to farms, yards, sheds, paddocks, races, stables, kennels, animal housing and any other location where Services are to be performed.
18.2 The Client must notify the Practice before attendance of any known or suspected infectious disease, exotic disease, notifiable organism, movement restriction, biosecurity risk, unsafe animal, chemical hazard, environmental hazard, health and safety issue or other access risk.
18.3 The Practice may implement biosecurity protocols, including vehicle hygiene, footwear requirements, PPE, movement controls, visit sequencing, stand-down periods and refusal or postponement of non-urgent attendance.
18.4 If the Practice suspects an exotic or notifiable disease, the Client must co-operate with all lawful reporting, containment, movement control and investigation steps required by law or professional standards.
19. Euthanasia, remains and disposal
19.1 The Practice will seek appropriate consent before euthanasia, except where immediate action is clinically and ethically necessary to relieve suffering and the Client or authorised agent cannot be contacted within a clinically reasonable time.
19.2 The Client must give clear instructions about cremation, burial, return of remains, disposal, post-mortem examination or tissue sampling where applicable.
19.3 If instructions are not provided within a reasonable time, the Practice may arrange dignified disposal in accordance with its standard procedures and charge the Client for associated costs.
20. Hospitalisation, boarding and uncollected animals
20.1 The Client must collect Animals when requested by the Practice and must pay all ongoing hospitalisation, boarding, care, medication, transport and handling charges until collection or lawful transfer.
20.2 If an Animal is not collected after reasonable notice, the Practice may take steps reasonably open to it at law, including continued care at the Client’s cost, referral, rehoming, surrender arrangements, contacting animal control or other authorities, or any other lawful step required to protect the Animal’s welfare.
21. Referrals, laboratories and third-party providers
21.1 The Practice may recommend or arrange referral to another veterinarian, specialist, laboratory, imaging provider, consultant, emergency clinic, cremation provider or other third party where clinically appropriate.
21.2 Unless the Practice expressly agrees otherwise, third-party providers are independent providers and the Practice is not responsible for their acts, omissions, fees, advice, delays or outcomes.
21.3 The Client authorises the Practice to obtain and to share relevant clinical information with referral or third-party providers for the purpose of continuity of care, diagnosis, treatment, laboratory testing, account administration and related Services.
21.4 The Practice may disclose relevant information to another member of the Group, a referring or subsequent veterinarian, laboratory, diagnostic provider, insurer, debt collection agency, credit reporting agency, regulator or professional body where authorised by the Client or otherwise permitted or required by law.
22. Personal Property Securities Act 1999 (“PPSA”)
22.1 All terms in this clause 22 have the meaning given in the PPSA and section references shall be to sections of the PPSA.
22.2 Clause 7.1 creates a security interest in Goods the Practice supplies to the Client as part of the Service.
22.3 The Client shall not grant any other security interest or any lien over Goods that the Practice has a security interest in.
22.4 At the request of the Practice, the Client shall promptly sign any documents and do anything else required by the Practice to ensure that security interest constitutes a first ranking perfected security interest in the Goods.
22.5 The Practice may at any time enter the premises and properties of the Client to uplift Goods that the Practice has a security interest in.
22.6 If Goods that the Practice have a security interest in are processed, included or dealt with in any way causing them to become accessions, processed or commingled goods, security interest will continue in the whole in which they are included. The Client shall not grant any other security interest or any lien in either the Goods or in the whole.
22.7 The Client waives any rights they may have under sections 114(1) (a), 116, 120(2), 121, 125, 126, 127, 129, 131, 133, and 134 of the PPSA.
22.8 The Client waives the right to receive a copy of any verification statement (as that term is defined in the PPSA).
22.9 The Client will give the Practice prior written notice of a proposed change of name or address.
23. Limitation of liability
23.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986, and other statutes may impose warranties, conditions or obligations upon the Practice which cannot by law (or which can only to a limited extent by law) be excluded. The Practice excludes all such imposed warranties, conditions or obligations to the extent permitted by law and excludes any warranty, condition or obligation imposed or implied under common law, equity or otherwise.
23.2 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Client acquires Service and/or Goods from the Practice for the purposes of a business in terms of sections 2 and 43 of that Act.
23.3 Except to the extent that the law prevents the Practice from excluding liability and as expressly provided for in clause 23.4, the Practice shall not be liable for any loss or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by the Client or another person and whether in contract, or tort (including in negligence), or otherwise and whether such loss or damage arises directly or indirectly from Service or Goods provided by the Practice to the Client.
23.4 To the extent that the Practice is liable for any reason for any loss suffered or liability incurred by the Client arising from any breach of these Terms of Service or for any other reason, such liability is limited to the amount of the Actual Cost of the Goods and/or Services. If Goods are returned by the Client, or if the Client makes a claim in writing to the Practice in relation to the Goods or Services provided, the Practice may, at its discretion (acting reasonably), repair or replace the Goods or re-perform the Services, or refund the amount of those Goods or Services to the Client, provided that:
(a) The Goods must be returned, or the claim must be made in writing to the Practice within fourteen (14) days of the Goods or Services being provided; and
(b) The Client must supply the date and number of any invoice relating to the Goods and/or Services; and
(c) The Practice must have a reasonable opportunity to inspect the Goods; and
(d) The Client must have complied with the provision of these Terms of Service.
23.5 Notwithstanding anything contained in clause 23.4 the Practice shall not be obliged to accept the return of any Goods that require or may require managed storage conditions.
24. Indemnity
24.1 The Client indemnifies the Practice and its directors, officers, employees, contractors and agents against all loss, cost, liability, claim or expense arising from the Client’s breach of these Terms, inaccurate or incomplete information, failure to follow instructions, misuse of Goods, RVM non-compliance, unsafe premises, failure to maintain animal welfare, acts or omissions of authorised agents, or claims by third parties arising from the Client’s Animals or premises, except to the extent caused by the Practice’s negligence or breach of law.
25. Transport of animals
25.1 Where the Practice agrees to transport an Animal, the Client acknowledges that transportation involves inherent risks, including injury, illness, distress, escape or death.
25.2 To the maximum extent permitted by law, the Practice is not liable for any loss, damage, injury, illness, escape or death arising from the transportation of an Animal, except to the extent caused by the negligence, wilful misconduct or breach of law of the Practice or its employees, contractors or agents.
25.3 The Client must disclose all information relevant to the safe transportation of the Animal and indemnifies the Practice against any loss, liability, cost or claim arising from inaccurate, incomplete or omitted information, or from the Animal’s behaviour or condition, except to the extent caused by the negligence, wilful misconduct or breach of law of the Practice or its employees, contractors or agents.
26. Default and termination
26.1 The security interests created by these Terms of Service become enforceable if any of the following events occur:
(a) The Client fails to pay any money owing on the Due Date;
(b) The Client sells, parts with possession or disposes of any Goods or does anything inconsistent with the Practice ownership of the Goods prior to making payment in full;
(c) The Practice believes the Client has committed or will commit an act of bankruptcy, has had or is about to have a receiver or liquidator appointed, or is declared insolvent;
(d) the Goods are at risk, as that term is defined in the PPSA;
(e) The Client neglects or fails to carry on business to the reasonable satisfaction, or if there is a significant deterioration in the trading or asset position;
(f) The Client is otherwise in breach of their obligations under these Terms of Service.
26.2 If any of the events described in clause 26.1 occur, in addition to any remedies the Practice may have at law, the Practice may do one or more of the following:
(a) suspend the Service in accordance with clause 11.5;
(b) charge default interest of 1.5% per month in accordance with clause 11.4;
(c) enter on to the premises and repossess any Goods which have not been paid for in full;
(d) immediately terminate any ongoing agreement governed by these Terms of Service by notice in writing to the Client.
26.3 The Practice may end the ongoing veterinary-client relationship by giving reasonable notice to the Client where it considers that continuation of the relationship is no longer appropriate, provided reasonable steps are taken to avoid compromising Animal welfare.
26.4 The Client may end the relationship at any time by notifying the Practice, but remains liable for all Goods and Services supplied or committed before termination.
26.5 On termination, the Client is responsible for arranging ongoing care with another veterinary practice. At the Client’s written request, the Practice will transfer relevant clinical records and provide reasonable information required for continuity of care.
26.6 Where reasonably required to protect Animal welfare, the Practice will maintain appropriate emergency arrangements for a reasonable transition period until the Client has had a reasonable opportunity to register the Animals with another veterinary practice.
27. Intellectual property
27.1 In respect of Intellectual Property used in or arising from the production of the Goods or the performance of the Service:
(a) all pre-existing Intellectual Property the subject of an Intellectual Property right resides with the owner as at the date of these Terms of Service (whether the Client or the Practice);
(b) any new Intellectual Property will be dealt with in accordance with clause 27.3.
27.2 If any Service is to be undertaken based on Client designs, the Client warrants that the undertaking of the Service by the Practice will not infringe any third party’s Intellectual Property rights and will indemnify the Practice against any loss, liability, costs and expenses in the event of any claim being made that the Service infringes any patent, copyright or other rights of any other person.
27.3 Subject to clause 27.1(a) the Practice is and will remain the exclusive owner everywhere in the world of all Intellectual Property rights and interests (including copyright and all other statutory and common law rights and interests) in the Service, and any other work performed for the Client, as first owner of those Intellectual Property rights and interests.
27.4 The Practice shall retain exclusive worldwide ownership at all times of artistic styles, methods of working, techniques, ideas, skills and know-how.
27.5 The Client must not attribute the Services to anyone other than the Practice or remove any trademarks, signatures, logos or similar.
27.6 This clause 27 shall continue in force as between the parties notwithstanding the termination of these Terms of Service or the completion of the Services.
28. Intellectual property – websites
28.1 Unless otherwise shown, Comhla Vet Limited owns all the copyright and other intellectual property rights on the material on its (or its subsidiaries) websites. The material on its websites is subject to copyright except where it is otherwise noted.
29. Clinical records and access to records
29.1 Clinical records, consultation notes, diagnostic images, radiographs, laboratory reports, investigation results, treatment plans and related records are owned by the Practice.
29.2 The Client may request access to or copies of clinical records relating to the Client’s Animals, subject to applicable law, Privacy Act requirements, professional obligations, verification of identity and payment of any reasonable copying or administration charge permitted by law.
29.3 Where the Client requests transfer of records to another veterinary practice, the Practice will transfer clinically relevant records within a reasonable time to the Client, subject to verification, privacy requirements and professional obligations.
29.4 The Practice may retain records for as long as reasonably required for clinical, legal, professional, insurance, tax, accounting, regulatory and risk management purposes.
30. Privacy of information
30.1 The Practice is authorised:
(a) to collect, retain and use information about the Client from any person for the purpose of assessing creditworthiness;
(b) to disclose information about the Client:
(i) to any person who guarantees, or who provides insurance, or who provides any other credit support, in relation to the Client obligations to the Practice;
(ii) to such persons as may be necessary or desirable to enable the Practice to exercise any power or enforce or attempt to enforce any rights, remedies and powers under these Terms of Service.
30.2 The Practice will collect, use, store and disclose personal information in accordance with the Privacy Act 2020 and the Group’s Privacy Policy, which is available on the Practice’s website or on request from the relevant Clinic. The Privacy Policy also explains how the Group manages notifiable privacy breaches.
30.3 Personal information may include the Client’s name, contact details, billing and payment information, credit information, communications with the Practice and information connected with the care and treatment of the Client’s Animals. It may be used for service delivery, clinical care, billing, credit assessment, referrals, continuity of care, legal and professional compliance, client communications and enforcement of these Terms.
30.4 The Client may request access to, or correction of, personal information held about the Client by contacting the Practice in accordance with the Group’s Privacy Policy.
31. Modern practice technologies
31.1 The Practice may use digital tools, practice management software, clinical dictation, transcription, AI-assisted documentation, telehealth tools, secure messaging, CCTV or recording systems where lawful and appropriate for clinical, security, training, quality assurance, operational or record-keeping purposes.
31.2 Where consultation audio, images or other personal information are processed by an AI or third-party technology provider, the Practice will manage that use in accordance with its Privacy Policy and applicable legal and professional obligations.
31.3 The Client must not make audio, video or photographic recordings of staff, contractors, clients, animals or practice premises without the Practice’s prior consent, except where permitted by law.
32. Confidentiality and public references
32.1 The Client must treat as confidential all non-public information received from the Practice, including pricing, commercial arrangements, treatment protocols, reports, intellectual property, staff information and business information, and must not publish, release or disclose that information without the Practice’s prior written consent unless required by law.
32.2 The Client must not use the Practice’s or Group’s name, logo, trademark, photographs, staff names or details of Services in any advertising, social media, promotional material, media statement or public communication without prior written consent, except where permitted by law.
33. Notices
33.1 Any notice may be given by phone, in person, posted, or sent by fax or email to the Client (or where this is a company, to any of the directors).
34. Renewal and notice of renewal of practice terms of service
34.1 The Practice advises that its Terms of Service will be hosted on the Practice website as the primary repository, given the complex and multiple client relationship status that it enjoys. Other forms of notification are not practicable.
34.2 The Terms of Service will be renewed on an annual basis and republished no later than April 30th for the annual period 1st April – 31st March.
35. Variation of terms
35.1 The Practice shall be entitled at any time by notice in writing to vary any provision of these Terms of Service and the Client shall be bound by such variation. Notification of the Terms of Service changes will be via publication on the Practice website and the amended Terms of Service shall be operative as from the date of publication of the amended Terms of Service.
35.2 The Practice will draw to the attention of the Client the updated Terms of Service by a reminder in Client publications.
36. Costs
36.1 The Client must pay costs (including legal costs, as between solicitor and client) of and incidental to the enforcement or attempted enforcement of Practice rights, remedies and powers under these Terms of Service.
37. Credit information
37.1 The Client consents to the Practice and any financier or credit-rating agency making enquiries of and obtaining any information about financial standing and creditworthiness.
38. Assignment
38.1 The Client must not subcontract or assign any rights, powers or obligations under these Terms of Service.
38.2 The Practice may assign, transfer, subcontract, novate or delegate its rights or obligations under these Terms to another Group entity, purchaser of the practice or business, debt collection agency, professional service provider, referral provider or subcontractor where reasonably required for business, service delivery, continuity of care or enforcement purposes.
39. Disputes and complaints
39.1 If the Client has a concern about Goods or Services, the Client should first raise the concern with the attending veterinarian or relevant clinic team as soon as reasonably practicable.
39.2 If unresolved, the concern may be escalated to the practice manager, clinical lead or other contact identified by the Practice.
39.3 Nothing in these Terms prevents the Client from raising concerns about professional conduct with the Veterinary Council of New Zealand.
39.4 The Client should raise any complaint concerning a specific Good or Service as soon as reasonably practicable and, where the issue was reasonably apparent at the time of supply, within 14 days after supply.
39.5 If the dispute is not resolved within 7 days of written particulars being given, or any longer period agreed to by the parties, the dispute will be referred to mediation by either party giving notice of the referral to mediation to the other.
39.6 Until mediation ceases, neither party may commence arbitration or legal proceedings.
39.7 The mediation procedure is:
(a) the party who wishes to resolve a dispute must give a notice of dispute to the other party;
(b) the notice must state that the dispute has arisen, and state the matters in dispute;
(c) when the notice has been given the parties will appoint a mediator. If they fail to appoint a mediator within 14 days, on request by either party, the mediator will be appointed by the President of the New Zealand Law Society or the President’s nominee;
(d) the parties must co-operate with the mediator to resolve the dispute;
(e) if the dispute is settled, the parties must sign a copy of the terms of the settlement;
(f) if the dispute is not settled within 14 days after the mediator has been appointed, or within any extended time that the parties agree to in writing, the mediation must cease;
(g) each party must pay a half share of the mediator’s fee and costs including travel, room hire, refreshments etc.
39.8 The terms of settlement bind the parties and override these terms if there is any conflict.
39.9 Except with the prior written approval of all parties, the terms of settlement cannot be used as evidence in any mediation, arbitration, or legal proceedings.
39.10 Either party may commence arbitration when the mediation procedure ceases by giving written notice to the other.
39.11 Arbitration will be conducted by one arbitrator appointed by the parties. If they fail to appoint an arbitrator within 14 days, on request by either party, the appointment will be made by the President of the New Zealand Law Society or the President’s nominee.
39.12 Arbitration will be conducted under the Rules in Schedules 1 and 2 of the Arbitration Act 1996.
39.13 Neither party will unreasonably delay the dispute resolution procedures in this clause.
39.14 This clause does not apply to any:
(a) dispute arising concerning any attempted renegotiation of these terms; or
(b) legal proceedings for payment of any debt due; or
(c) application by either party for urgent interlocutory relief.
40. Force majeure
40.1 If the Practice has given a timeframe for completion of the Service, unless agreed in writing to the contrary, such a timeframe is approximate only and is not deemed to be of the essence of the contract.
40.2 The Practice shall not be liable for delay or failure to perform the Service if the cause of delay or failure is beyond their control.
41. Severability
41.1 If any provision of these Terms of Service is held to be invalid, illegal or unenforceable, that provision will be deemed modified to the minimum extent necessary to make it valid and enforceable. If it cannot be so modified, it will be severed from these Terms of Service. The remaining provisions will continue in full force and effect.
42. Jurisdiction
42.1 These Terms of Service are governed by and construed in accordance with the current laws of New Zealand and the parties agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand for any disputes or proceedings arising out of or in connection with these Terms of Service.
For more information or to talk to one of our staff please contact your local clinic.